By Sgt. Larry Lucas
Scenario:
Trooper Knight is on patrol out of the McMinnville office when he is dispatched to backup McMinnville Police Department at a fight involving several individuals in the Safeway parking lot. Trooper Knight arrives at about the same time two McMinnville PD officers arrive, and together they break up the fight separating the combatants. As Trooper Knight is talking with one of the McMinnville officers, he observes a bright red laser dot appear on the front shirt of the officer he is speaking to. Trooper Knight quickly turns and sees that the light is emitting from the passenger seat of a blue Chevy Camaro parked about 25 yards away.
What should Trooper Knight’s first reaction be? Given the proliferation of cheap laser pointers today, is Trooper Knight justified in drawing his service weapon? Is deadly physical force justified? In Oregon, can a person be charged with a crime for pointing a laser pointer at a police officer or another? If so, what should the person be charged with?
Discussion:
Throughout our training and careers as law enforcement officers, a concentrated beam of light such as those emitted by laser pointers has been identified with weapon sighting systems. These are available for handguns and rifles alike and cannot be distinguished from relatively harmless laser pointers.
In this scenario, your first reaction should be for officer survival. Yell a warning to your fellow law enforcement officers at the scene, while at the same time removing that officer who was illuminated from the potential threat to an area of cover. Depending on the circumstances, you may want to draw your service weapon. Why? Do you want to risk your life or the lives of others by assuming that this “threat” is a simple laser-pointing device? Is it worth the gamble? From a position of cover you are in charge of the situation. You can then develop and implement a plan to identify and neutralize the threat.
This scenario could be compared to that of someone with a “look-alike” toy handgun. Don’t risk your life or that of others by failing to take action.
According to an Assistant Multnomah County District Attorney, a person who uses a laser pointing device as described above can be arrested and charged with Menacing, a Class A misdemeanor. Check with your local District Attorney for his/her opinion.
Remember number 7 of the 10 Fatal Errors that have killed experienced police officers: Relaxing too soon. Constant false alarms cause you to let your guard down. Observe this activity. Never take any call as routine or just another false alarm. It’s your life on the line.
Ten Fatal Errors That Have Killed Experienced Lawmen
1.YOUR ATTITUDE
If you fail to keep your mind on the job while on patrol or you carry home problems into the field, you will start to make errors. It can cost you or other fellow officers their lives. Are you wearing your bullet resistant armor? It could save your life.
2.TOMBSTONE COURAGE
No one doubts that you are all man. But in any situation where time allows, wait for the backup. There are few instances where alone, unaided you should try and make a dangerous apprehension.
3.NOT ENOUGH REST
To do your job you must be alert. Being sleepy or asleep on the job is not only against regulations, but you endanger yourself, the community and all your fellow officers.
4.TAKING A BAD POSITION
Never let anyone you are questioning or about to stop get in a better position than you or your vehicle. There is no such thing as a routine call or stop.
5.DANGER SIGNS
As a lawman you will get to recognize danger signs. Movements, strange cars, warnings that should alert you to watch for what is out of place.
6.FAILURE TO WATCH HANDS OF A SUSPECT
Is he or she reaching for a weapon or getting ready to strike you ? Where else can a potential killer strike but from his or her hands.
7.RELAXING TOO SOON
The rut of false alarms that are accidentally set off: Walking in and asking if the place is being held up. Observe the activity. Never take any calls as routine, or just another false alarm. It’s your life on the line.
8.IMPROPER USE OF, OR NO HANDCUFFS.
Once you have made an arrest handcuff the prisoner properly. See that the hands that can kill are safely cuffed.
9.NO SEARCH OR POOR SEARCH
There are so many places to hide weapons that your failure to search is a crime against fellow officers. Many criminals carry several weapons and are able and prepared to use them against you.
10.DIRTY OR INOPERATIVE WEAPON
Is your firearm clean? Will it fire? How about the ammo? When did you last fire so that you can hit a target in combat conditions? What’s the sense of carrying any firearm that may not work?